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Rule 48.14 Transition Toolkit

Rule 48 on calendar

UPDATE February 28, 2024: The Ministry of the Attorney General of Ontario has informed the public and the profession that administrative dismissals of Superior Court civil actions that have not been set down for trial within 5 years, or have been struck off a trial list and have not been restored within 2 years of being struck, will recommence on May 13, 2024. Administrative dismissals for Small Claims Court, Divisional Court, and family matters will also resume on May 13, 2024.

Please see this LAWPRO alert for more information.

The new Rule 48.14, which became effective on January 1, 2015, brought significant changes to the administrative dismissal regime in Ontario. After several hundred claims and over $13 million in claims costs in five years, LAWPRO was happy to see the previous Rules 48.14 and 48.15 revoked. While the new rule stemmed the tide of claims under the old rules, the changed deadlines and processes under the new Rule 48.14 introduce new claims risks that may trap the unwary lawyer. LAWPRO encourages all lawyers to familiarize themselves with the requirements under the new Rule 48.14 and make necessary changes to internal firm systems and processes.

Please keep in mind the most significant change under the new Rule 48.14: courts are now automatically dismissing actions not set down for trial five years after commencement, without sending notices of any type to parties or their lawyers. Lawyers must keep their files moving to avoid facing this dismissal.

LAWPRO’s Rule 48.14 Transition Toolkit (Download PDF) (Télécharger PDF) provides advice, forms and checklists that lawyers and law firms can use to lessen the risk of a claim under the new Rule 48.14. You can also download individual documents from the Toolkit:

  • Firm Transition Checklist (Download PDF) (Télécharger PDF): Review this checklist to make sure your firm’s processes and tickler systems are updated to reflect the new Rule 48.14.
  • Individual File Checklist (Download PDF) (Télécharger PDF): Use this checklist to determine the dismissal deadline under the new rule and that all relevant tickler systems are updated.
  • File Progress Plan Precedent (Download PDF) (Télécharger PDF): Use a file progress plan to assign tasks and track how work on a file is proceeding.
  • Rule 48.14 Transition Training PowerPoint (Download PowerPoint): Use this presentation, which includes detailed speaking notes, to train lawyers and staff on best practices to prevent a Rule 48.14 dismissal.

Land Acknowledgement

The offices of LAWPRO are located on the traditional territory of many nations including the Mississaugas of the Credit, Anishnabeg, Chippewa, Haudenosaunee and Wendat peoples. Toronto is covered by Treaty 13 with the Mississaugas of the Credit. LAWPRO respects and acknowledges the histories, languages, knowledge systems, and cultures of First Nations, Metis, and Inuit nations.

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